{"id":54025,"date":"2014-01-13T22:14:44","date_gmt":"2014-01-13T12:14:44","guid":{"rendered":"http:\/\/southburnett.com.au\/news2\/?p=54025"},"modified":"2020-12-07T13:38:07","modified_gmt":"2020-12-07T03:38:07","slug":"councillor-ordered-to-pay-1000-fine","status":"publish","type":"post","link":"https:\/\/southburnett.com.au\/news2\/2014\/01\/13\/councillor-ordered-to-pay-1000-fine\/","title":{"rendered":"Councillor Ordered To Pay $1000 Fine"},"content":{"rendered":"
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Cr Damien Tessmann … ordered to apologise and pay $1000 over Adermann Park complaint
(Photo collage by South Burnett Online)<\/figcaption><\/figure>\n\n\n\n
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Adermann Park Sale ‘Just A Side Issue’ \u00a0<\/strong><\/p>\n

The man who lodged the complaint, Mr Ralph Percy, told southburnett.com.au<\/strong> this afternoon\u00a0the Adermann Park sale was “just a side issue” and the complaint against Cr Tessmann was part of a bigger campaign by him for “open and transparent government”.<\/strong><\/p>\n

He confirmed he had also lodged complaints against Cr Kathy Duff “on a personal issue” and Mayor Wayne Kratzmann.<\/p>\n

Other complaints were lodged earlier by other parties against Mayor Kratzmann and Deputy Mayor Keith Campbell, also in relation to Adermann Park.<\/p>\n

“The purpose of the series of complaints is because we are looking for open and transparent government,” Mr Percy said.<\/p>\n

He said the current South Burnett Regional Council was anything but open.<\/p>\n

“They do what they want, when they want,” he said.<\/p>\n

The other complaints were “not sustained”, decisions which Mr Percy said were “political decisions by the National Party”.<\/strong><\/p>\n

He said he was now considering taking the matters further by lodging complaints with the Ombudsman.<\/p>\n

Mr Percy said he had received a full copy of the Conduct Review Panel findings against Cr Tessmann on Friday and had considered publishing it on his website, South Burnett Council Watch, but had now decided not to “expose it” because third parties were involved.<\/p>\n

He then accused South Burnett Online (publishers of southburnett.com.au<\/strong>) and the APN-published South Burnett Times of being financially dependent upon the South Burnett Regional Council and afraid to publish negative reports about it.<\/p>\n

Mr Percy confirmed he now planned to publish his own newspaper in the South Burnett area which he said would be “independently sponsored”.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

January 13, 2014<\/strong><\/p>\n

A complaint lodged against a South Burnett Regional Councillor by Windera resident Ralph Percy has been partially upheld by a Local Government Regional Conduct Review Panel.<\/p>\n

Division 3 councillor Damien Tessmann has been ordered to apologise to Council for allegedly providing misleading information at a Council meeting and has been ordered to pay $1000.<\/p>\n

The maximum penalty that could have been imposed was a $5500 payment.<\/p>\n

Regional Conduct Review Panels hear and decide “less serious complaints of misconduct” against local government councillors while more serious matters are referred to the Local Government Remuneration and Discipline Tribunal for consideration. Matters can also be referred to the Crime and Misconduct Commission or the police for investigation.<\/p>\n

The complaint<\/a>\u00a0<\/strong>against Cr Tessmann revolved around issues related to the sale of a portion of Adermann Park in Kingaroy to St John’s Lutheran School in 2012.<\/p>\n

It alleged that Cr Tessmann had provided misleading information to the South Burnett Regional Council at its meeting on June 20, 2012 and\/or its meeting on July 18, 2012, regarding the support of the Adermann family for the sale of part of the park.<\/p>\n

This portion of the complaint was sustained.<\/p>\n

However, a second part – alleging Cr Tessmann had not engaged in meaningful community engagement – was not upheld.<\/p>\n

The first complaint stemmed from a verbal report Cr Tessmann made to council that descendants of Sir Charles Adermann were happy to have been consulted about the park sale. It later became apparent in the media that at least one family member had some reservations about the issue.<\/p>\n

A council source told southburnett.com.au<\/strong>\u00a0today councillors already knew this going into the meeting as an email which made this clear had been circulated to them by Cr Tessmann prior to the meeting but had not been tabled because of privacy concerns.<\/p>\n

Acting Mayor Keith Campbell said today it was “about time” the matter had been finalised as the complaint had been made more than a year ago.<\/strong><\/p>\n

* * *<\/strong><\/p>\n

Cr Tessmann said today he was pleased the complaint about community engagement had not been sustained.<\/strong><\/p>\n

“As patron of two organisations, president of a service club and member of numerous groups in the region I pride myself on being community-minded and in touch with the residents of Kingaroy and the region,” Cr Tessmann said.<\/p>\n

However he was disappointed the Panel had found against him on misleading Council, a fact which he has strenuously denied.<\/p>\n

Cr Tessmann noted the Panel had not spoken to him during their deliberations and there was no channel of appeal.<\/p>\n

The Panel found based on a “balance of probabilities” \u00a0– using a standard of proof set in a divorce case in 1938 – that Cr Tessmann most likely did make misleading comments.<\/p>\n

“I am quite alarmed that my remarks have been considered by the Panel not to be a true reflection of the wishes of the Adermann family,” Cr Tessmann said.<\/p>\n

“I had no motive to misrepresent the family to the Council and did not set out to intentionally mislead the Council in any way. I have only ever wanted the best for the community that I have grown up in and love dearly.”<\/p>\n

Cr Tessmann also rejected any notion that his religious denomination had affected the issue.<\/p>\n

“My membership of St John\u2019s Lutheran congregation in no way influences my dealings as a Councillor,” he said.<\/p>\n

“My faith is a deeply personal thing and to have it alleged as a motive for underhanded activity in my role as a Councillor is something I personally do not accept.<\/p>\n

“I have never had a position within the St John\u2019s School Board of Management and no dealings with the school other than any Councillor would have with a school in conducting their duties as a Councillor.<\/p>\n

“The Panel did not take the opportunity to speak to me during their deliberations and there are no appeal provisions.<\/p>\n

“I am disappointed with the recommendations which are to apologise to Council and pay a fine.\u201d<\/p>\n

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